Introduction in Human Rights
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Civil and political rights - first generation rights
These rights began to emerge as a theory during the seventeenth and eighteenth centuries associated with the French, English, and American revolutions. Infused with the political philosophy of liberal individualism and the related economic and social doctrine of laissez-faire, the first generation conceives of human rights more in negative terms (“freedoms from”) than positive ones (“rights to”), it favours the abstention over the intervention of government in the quest for human dignity.
It had begun with certain things that the all-powerful rulers should not be able to do and that people should have some influence over the policies that affected them. The two central ideas were those of personal liberty, and of protecting the individual against violations by the state.
Civil and political rights today are set out in detail in the U.N. International Covenant on Civil and Political Rights (ICCPR - here) and in the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR - here).
The International Covenant on Civil and Political Rights include the following rights:
- The right of self-determination
- The right to life, to be free of arbitrarily deprivation of his life
- The right to be free of torture or cruel, inhuman or degrading treatment or punishment
- The right to be free of slavery and slave-trade
- The right to liberty and security of person, to be free of arbitrary arrest or detention
- The right of all persons deprived of their liberty to be treated with humanity and with respect for the inherent dignity of the human person
- The right to be free of imprisonment merely on the ground of inability to fulfill a contractual obligation
- The right to liberty of movement and freedom to choose his residence, for everyone lawfully within the territory of a State
- The right to be equal before the courts and tribunals
- The right to be free of guiltiness of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed
- The right to recognition everywhere as a person before the law
- The right to the protection of the law against arbitrary or unlawful interference with his privacy, family, home or correspondence, and against unlawful attacks on his honour and reputation
- The right to freedom of thought, conscience and religion
- The right to freedom of expression, to hold opinions without interference
- The right to peaceful assembly
- The right to freedom of association with others, including the right to form and join trade unions for the protection of his interests
- The right of men and women of marriageable age to marry and to found a family, with the free and full consent of the intending spouses
- The right of every child to such measures of protection as are required by his status as a minor, on the part of his family, society and the State
- The right of every citizens to take part in the conduct of public affairs, to vote and to be elected, and to have access, on general terms of equality, to public service in his country
- The right of all persons to be equal before the law and to be entitled without any discrimination to the equal protection of the law
- The right of the persons belonging to minorities not be denied, in community with the others members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language
It had begun with certain things that the all-powerful rulers should not be able to do and that people should have some influence over the policies that affected them. The two central ideas were those of personal liberty, and of protecting the individual against violations by the state.
Civil and political rights today are set out in detail in the U.N. International Covenant on Civil and Political Rights (ICCPR - here) and in the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR - here).
The International Covenant on Civil and Political Rights include the following rights:
- The right of self-determination
- The right to life, to be free of arbitrarily deprivation of his life
- The right to be free of torture or cruel, inhuman or degrading treatment or punishment
- The right to be free of slavery and slave-trade
- The right to liberty and security of person, to be free of arbitrary arrest or detention
- The right of all persons deprived of their liberty to be treated with humanity and with respect for the inherent dignity of the human person
- The right to be free of imprisonment merely on the ground of inability to fulfill a contractual obligation
- The right to liberty of movement and freedom to choose his residence, for everyone lawfully within the territory of a State
- The right to be equal before the courts and tribunals
- The right to be free of guiltiness of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed
- The right to recognition everywhere as a person before the law
- The right to the protection of the law against arbitrary or unlawful interference with his privacy, family, home or correspondence, and against unlawful attacks on his honour and reputation
- The right to freedom of thought, conscience and religion
- The right to freedom of expression, to hold opinions without interference
- The right to peaceful assembly
- The right to freedom of association with others, including the right to form and join trade unions for the protection of his interests
- The right of men and women of marriageable age to marry and to found a family, with the free and full consent of the intending spouses
- The right of every child to such measures of protection as are required by his status as a minor, on the part of his family, society and the State
- The right of every citizens to take part in the conduct of public affairs, to vote and to be elected, and to have access, on general terms of equality, to public service in his country
- The right of all persons to be equal before the law and to be entitled without any discrimination to the equal protection of the law
- The right of the persons belonging to minorities not be denied, in community with the others members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language
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Social, economic and cultural rights - second generation rights
These rights concern how people live and work together and the basic necessities of life. They are based on the ideas of equality and guaranteed access to essential social and economic goods, services, and opportunities. They became increasingly a subject of international recognition with the effects of early industrialisation and the rise of a working class. These led to new demands and new ideas about the meaning of a life of dignity. People realised that human dignity required more than the minimal lack of interference from the state as proposed by the civil and political rights. Social, economic and cultural rights are outlined in the U.N. International Covenant on Economic, Social and Cultural Rights (ICESCR - here) and also in the European Social Charter of the Council of Europe.
- Social rights are those that are necessary for full participation in the life of society. . They include at least the right to education and the right to found and maintain a family but also many of the rights often regarded as 'civil' rights: for example, the rights to recreation, health care, privacy and freedom from discrimination.
- Economic rights are normally thought to include the right to work, to an adequate standard of living, to housing and the right to a pension if you are old or disabled. The economic rights reflect the fact that a certain minimal level of material security is necessary for human dignity, and also the fact that, for example, a lack of meaningful employment or housing can be psychologically demeaning...
- Cultural Rights refer to a community's cultural "way of life" and are often given less attention than many of the other types of rights. They include the right to participate freely in the cultural life of the community and, possibly, also the right to education. However, many other rights, not officially classed as "cultural" will be essential for minority communities within a society to preserve their distinctive culture: for example, the right to non-discrimination and equal protection of the law.
20 principles of the European Pillar of Social Rights: |
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Solidarity rights - third generation rights
These rights are not individual, but collective rights of society or peoples:
- the rights to development,
- the right to peace,
- the right to a healthy environment,
- the right to share in the exploitation of the common heritage of mankind,
- the right to communication
- the right to humanitarian assistance
There are debates concerning this category of rights: some object to the idea of these rights because they are ‘collective rights', in the sense of being held by communities or even whole states. They argue that human rights can only be held by individuals. The argument is more than merely verbal, because some people fear such a change in terminology could provide a "justification" for certain repressive regimes to deny (individual) human rights in the name of these collective human rights; for example, severely curtailing civil rights in order to secure "economic development". Another concern is that the international community is meant to safeguard third generation rights, therefore, accountability is impossible to guarantee.
Some collective rights have already been recognised, in particular under the African Charter on Human and Peoples' Rights and the Declaration on the Rights of Indigenous Peoples. The UDHR itself includes the right to self-determination and a human right to development was codified in a 1986 UN General Assembly Declaration.
The right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realised. (UN Declaration on the Right to Development).
- the rights to development,
- the right to peace,
- the right to a healthy environment,
- the right to share in the exploitation of the common heritage of mankind,
- the right to communication
- the right to humanitarian assistance
There are debates concerning this category of rights: some object to the idea of these rights because they are ‘collective rights', in the sense of being held by communities or even whole states. They argue that human rights can only be held by individuals. The argument is more than merely verbal, because some people fear such a change in terminology could provide a "justification" for certain repressive regimes to deny (individual) human rights in the name of these collective human rights; for example, severely curtailing civil rights in order to secure "economic development". Another concern is that the international community is meant to safeguard third generation rights, therefore, accountability is impossible to guarantee.
Some collective rights have already been recognised, in particular under the African Charter on Human and Peoples' Rights and the Declaration on the Rights of Indigenous Peoples. The UDHR itself includes the right to self-determination and a human right to development was codified in a 1986 UN General Assembly Declaration.
The right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realised. (UN Declaration on the Right to Development).
Would you like to learn more about human rights?
Resources:
Human Rights U.N. HUB - here
Free human rights courses: AMNESTY'S HUMAN RIGHTS ACADEMY - here
Resources:
Human Rights U.N. HUB - here
Free human rights courses: AMNESTY'S HUMAN RIGHTS ACADEMY - here
